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© 2018 Checkr, Inc.

Terms Of Service

We (the folks at Checkr) think everyday people have a right to see their background check, not just when an employer or landlord runs one on you. We’ve launched Better Future to give you access to your background check and allow you to take control of your past to discover opportunities for your future. The website and services offered by Better Future are operated by Checkr, Inc.

 

 

TERMS OF SERVICE

Better Future

Effective Date: April 26, 2018

 


IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS UNLESS YOU OPT OUT, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Welcome to the Better Future website or mobile app operated by Checkr, Inc., (“Checkr,” “Better Future,” “we,” “us,” or “our”). Except as expressly provided herein, these Terms of Service (“Terms”) contain the terms and conditions that govern your access to and use of the services available on and through Better Future (collectively, the “Better Future Services”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.

 

PLEASE NOTE: SECTION 11 OF THIS AGREEMENT GOVERNS HOW DISAGREEMENTS AND CLAIMS BETWEEN YOU AND CHECKR CAN BE RESOLVED. THIS SECTION, WITH LIMITED EXCEPTION, REQUIRES YOU AND CHECKR TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION.

These Terms apply to you (“Users,” “you,” or “your”) when you visit the Better Future website or mobile app, create an account with Better Future, and/or access the Better Future Services, including to obtain a background check about yourself, to post job listings on Better Future, apply for a job through Better Future, or otherwise communicate with other Users of Better Future Services.   

If you want to obtain a background check about a third party, not yourself, you should visit www.Checkr.com to determine if you are eligible to use Checkr’s other background check services.  These Terms apply to each User’s heirs, assigns, and successors.

By accessing or using the Better Future Services, you agree to be bound by these Terms and our Privacy Policy, as may be updated from time to time, (“Privacy Policy”), which is incorporated into these Terms by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS OUR SITE.

 

We may revise these Terms from time to time. The most current version will be available on our website or mobile app. By continuing to access or use the Better Future Services after those revisions become effective, you agree to be bound by the revised Terms, except as provided in the Arbitration and Class Action Waiver section below. We will provide you with any additional notices or choices with respect to such changes as required by applicable law.


1.  Eligibility & Use of Better Future Services
 

  1. Eligibility

 

Access to and use of the Better Future Services is available only to individuals who are lawfully able to enter into binding contracts. By accessing or using the Better Future Services, you represent and warrant that you are at least 18 years of age and of legal competence to enter into this agreement.  If you use the Better Future Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
 

  1. Accounts & Information

 

You may be able to submit information to us through the Better Future Services. You agree to provide us with accurate information, including any information you may submit for background checks about yourself. You further agree that submission of such information is subject to our Privacy Policy.  If any information, including your account information changes, you agree to update your information to maintain its accuracy. You agree that you will not share your account user credentials (e.g., username and password) to any other person, and will not authorize use of your account by another person. You may not transfer, sub-license, sell, or assign your rights in your account to any other person.

If you believe another person has gained access to your account, please notify us at Support@BetterFuture.com We reserve the right to terminate your account or access to the Better Future Services at any time for any reason, and we have no obligation to retain any data associated with your account.  You may also cancel your account by emailing us at Support@BetterFuture.com.

 

  1. Use of the Better Future Services


You may only use the Better Future Services to submit or obtain information about yourself.  If you are an employer or potential employer, you may use Better Future Services for job placement services.   You understand and agree that you may not use the Better Future Services to obtain background checks about any individuals other than yourself.  Employers and potential employers may not obtain background checks for employment purposes through Better Future Services. If you want to obtain a background check about a third party, not yourself, you should visit www.Checkr.com to determine if you are eligible to use Checkr’s other background check services.

When you request a background check about yourself in the Better Future Services, you understand and agree that 1) such background check is not subject to the Fair Credit Reporting Act or similar state laws;  2) the report you receive about yourself may include information regarding your criminal history, credit and/or address history, eviction records, social security verification, motor vehicle records (“driving records”), drug screening, verification of your education or employment history or other background checks; 3)   Checkr uses publicly available information from the designated sources to provide background checks to users about themselves, which are provided for informational purposes only and does not verify this information or guarantee its accuracy, completeness, legitimacy, or the legality of any information or how recently any information was collected or updated; 4) when third parties obtain background checks on you they may request information from additional databases; 5) there are no warranties or guarantees whatsoever regarding the information provided; 7) while Checkr works to provide the most up to date information, certain inaccuracies may still exist; and 8) Checkr shall not be liable for any errors or omissions on the Better Future Services. A background check, or any specific portion of a background check with the designation of “clear”, “pending”, “consider” in the Better Future Services does not constitute a verification, certification, or guarantee of your status.  


2.  Intellectual Property & License to Use Better Future


In connection with the Better Future Services, Checkr, or its applicable subsidiary, maintains proprietary rights, titles, interests, and ownership relating to patents, copyrights, trademarks, trade dresses, trade secrets, know-how, mask works, moral rights, and all similar rights that may exist now or later in any jurisdiction, including without limitation any applications and registrations for the foregoing (collectively, “Intellectual Property Rights”). All such Intellectual Property Rights will remain the exclusive property of Checkr and its licensors. And except as explicitly provided herein, nothing in these Terms gives you a right to use the Checkr name or any of the Checkr trademarks, logos, domain names, and other distinctive brand features.

Subject to these Terms, Checkr grants you a worldwide, non-exclusive, non-assignable, revocable, license to use the Better Future Services as they are provided to you by Checkr for your personal, noncommercial use only.

Please be advised that all aspects of the Better Future Services are subject to change or termination at Checkr’s sole discretion.


3.  User Content


We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Better Future Services (“User Content”).  You grant us a non-exclusive license to use such User Content to provide the Better Future Services and for the purposes for which you submit such User Content, including, but not limited to, transmitting dispute or rehabilitation information to third parties, sharing job postings or, with your permission, job application information, and for quality assurance. You acknowledge and agree that you are solely responsible for all User Content that you submit through the Better Future Services. You represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you submit or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Checkr’s use of your User Content (or any portion thereof) on, through or by means of the Better Future Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.


4.  Restrictions

You represent and warrant that you shall not:

    1. use, or attempt to use, the Better Future Services for unauthorized purposes (e.g. to obtain information related to background checks on someone other than yourself or to request an unauthorized background check);
       

    2. evaluate a consumer’s eligibility for (i) credit or insurance to be used primarily for personal, family, or household purposes, (ii) employment or volunteer positions, (iii) a government license or benefit, or (iv) renting a dwelling property; or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b) (the “FCRA”), Federal Trade Commission or court interpretations of the FCRA, or similar state statutes;
       

    3. use the Better Future Services for the benefit of any third party without Checkr’s prior written permission;
       

    4. do any of the following, or allow any third party to do any of the following: (i) copy, distribute, rent, lease, lend, sublicense or transfer the Better Future Services, or make the Better Future Services available to any third party, including your affiliates, parents or subsidiaries, without Checkr’s express prior written consent, (ii) modify, decompile, reverse engineer, or disassemble the Better Future Services or otherwise attempt to discover any underlying source code, ideas, algorithms, file formats or programming interfaces, (iii) create derivative works based on the Better Future Services; (iv) modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Better Future Services; or (v) use the Better Future Services to develop a competitive product offering;
       

    5. use any agents, robots, scripts, spiders, or other automated means to access or manage the Better Future Services;
       

    6. access the Better Future Services for improper, illegal, or unauthorized purposes, including, but not limited to, in violation of the Fair Credit Reporting Act or Equal Employment Opportunity Act;
       

    7. misrepresent yourself, your identity, or information about you;
       

    8. take any action that (i) may unreasonably encumber the Better Future Services’ infrastructure; (ii) bypasses measures that are used to prevent or restrict access to the Better Future Services; (iii) circumvents, disables, or otherwise interferes with security features of the Better Future Services; (iv) distributes viruses or any other technologies that may harm Checkr or users; or (v) uses the Better Future Services in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
       

    9. use the Better Future Services for any reason not explicitly authorized by these Terms; or
       

    10. attempt to indirectly undertake any of the foregoing.

Notice of Penalty under the Fair Credit Reporting Act (“FCRA”): THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH


5.  Feedback


By sending us any feedback, comments, questions, or suggestions concerning Checkr or our Better Future Services (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Checkr and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of the Better Future Services.


6.  Authorization for Background Check


The Better Future Services may allow you to request a copy of your background check or background reports about you. By requesting a copy, you authorize us and our contractors/providers to use the information you provide to us for purposes of conducting background checks and producing reports for you. You agree that we have no obligation to monitor or edit the information you submit to us, and that you are solely responsible for the completeness and accuracy thereof.

In connection with conducting background checks, we may collect certain data including, without limitation, DMV records, criminal records, and other publicly available information. We shall treat such data in accordance with our Privacy Policy.

While any background check report provided under the Better Future Services is not subject to the Fair Credit Reporting Act or similar state laws, by requesting a copy of your background check, you further acknowledge receipt of and certify that you have reviewed and fully understand the following statutory notices:

 

7.  Fees


In connection with your use of the Better Future Services, Checkr may charges certain fees (“Fees”) such as Fees when you order a background report, including on yourself.  You agree to pay all applicable Fees or charges based on the terms then in effect.  Once Better Future Services have been initiated, Fees are nonrefundable.  Charges will appear on your account as “Checkr, Inc. // Checkr.com”.  Payment processing services provided by our third party payment processor are subject to its terms.  All inquiries regarding Better Future Services and delivery of reports, including timing or delays, should be made to Checkr at support@Checkr.com.


8.  Warranties and Disclaimers


Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into the terms and conditions of these Terms; and (ii) the Terms constitute a legal, valid and binding obligation.

DISCLAIMER. YOU ACKNOWLEDGE THAT CHECKR OBTAINS THE INFORMATION IN ITS REPORTS FROM THIRD PARTY SOURCES “AS IS”, AND THEREFORE PROVIDES THE INFORMATION TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHECKR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR A COURSE OF PERFORMANCE WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY REPORTS, THAT THE REPORTS WILL MEET YOUR NEEDS, OR WILL BE PROVIDED ON AN UNINTERRUPTED BASIS; CHECKR EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, CHECKR EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. CHECKR AND ITS SUPPLIERS, LICENSORS, PARTNERS AND SERVICE PROVIDERS DO NOT WARRANT THAT THE FUNCTIONALITY AND INFORMATION PROVIDED BY THE BETTER FUTURE SERVICES WILL BE CORRECT, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.


9.  Indemnification


You agree to defend and indemnify Checkr, its subsidiaries, and its directors, officers and employees from and against any third party liabilities, damages, losses, judgments, costs, expenses (including reasonable attorneys’ fees), claims, actions, demands and suits (collectively “Claims”) arising out of or relating to: (a) your breach of any covenants, representations or warranties of these Terms, including obtaining reports about third parties; (b) your violation of any law; or (c) your willful or malicious conduct.


10.  Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHECKR AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF SERVICES; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES; (f) ANY INACCURACIES, ERRORS OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

 

FURTHER, CHECKR WILL NOT BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY KIND (INCLUDING LOSS OF REVENUE OR PROFITS) ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR YOUR USE THEREOF, INCLUDING THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICES, EVEN IF CHECKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT EXCEED THE AMOUNT PAID TO CHECKR OR ITS PARTNERS UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE INITIATION OF ANY CLAIM FOR DAMAGES.

 

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
 


11.  Arbitration and Class Action Waiver


PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND CHECKR CAN BRING CLAIMS AGAINST EACH OTHER.  THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND CHECKR TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION IN COURT.

 

A. Agreement to Arbitrate

 

In exchange for the benefits of the speedy, economical, and impartial dispute resolution procedure of arbitration, You and Checkr mutually agree to give up our right to resolve disagreements in a court of law by a judge or jury, and, as described below, agree to binding and final arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq.  

 

You and Checkr agree that this arbitration agreement is governed by the Federal Arbitration Act, and shall survive even after these Terms or any Services terminate.

 

B. Claims Covered by Arbitration

 

Other than the exceptions in Section 11.D, You and Checkr agree that any disagreement, claim, or controversy arising out of or relating in any way to these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or Your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Services (hereinafter, “Claims”), shall be resolved by final and binding arbitration to the fullest extent allowed by law.  

 

C. Delegation to Arbitrator

 

If there is a disagreement about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), You and Checkr agree that this threshold disagreement shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disagreements.

 

D. Claims Not Covered by Arbitration

 

This arbitration agreement shall not require arbitration of the following types of claims:  (1) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction; and (2) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

E. Class Action Waiver

 

Except as otherwise required under applicable law, You and Checkr agree to bring and resolve any Claims only on an individual basis, and not as a named-plaintiff or class member in any class or representative proceeding.  You and Checkr acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Claims (hereinafter, “Class Action Waiver”).  Further, the arbitrator may not consolidate more than one party’s claims and may not preside over any class, consolidated, or representative proceeding, unless you and Checkr agree otherwise in writing.

 

Notwithstanding any other provision of this arbitration agreement or the AAA Rules, specific disagreements about the scope, applicability, enforceability, revocability or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.  If there is a final determination that the Class Action Waiver is unenforceable as to certain claims brought on a class or representative basis, then those claims shall be severed from any remaining claims and may proceed in court, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to any remaining claims to the fullest extent possible.

 

F. Arbitration Rules, Procedures, and Costs

 

You and Checkr agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.  The arbitrator will apply the terms of this arbitration agreement and the applicable AAA rules, which are available at www.adr.org or by calling 1–800–778–7879.  If You are an individual person, the arbitrator shall apply the AAA Consumer Arbitration Rules.  If You are not an individual person, but are an entity or company, the arbitrator shall apply the AAA Commercial Arbitration Rules.

 

If You are an individual person and bring a claim solely for monetary relief of $10,000 or less:  Checkr will agree to pay for any filing, administrative, or hearing fees charged by the AAA.  If the arbitrator finds that the substance of Your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the AAA Consumer Arbitration Rules.

 

If You are an individual person and bring a claim for monetary relief exceeding $10,000:  The AAA Consumer Arbitration Rules will govern payment of administrative or hearing fees charged by the AAA, including limiting Your filing fee to $200.  In addition, fee waivers or other forms of cost relief at the arbitrator’s discretion may be available. If the arbitrator finds that the substance of Your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the AAA Consumer Arbitration Rules.


 

If You are not an individual person:  The AAA Commercial Arbitration Rules will govern payment of administrative or hearing fees charged by the AAA.

 

The arbitrator shall have the power to decide any motions, including dispositive or summary judgment motions, brought by any party to the arbitration.  The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court to resolve the party’s individual claim, including awards of attorney’s fees and costs, in accordance with the law or laws that apply to the Claim.  The arbitrator shall provide in writing to the parties the basis for any award or decision. Judgment upon any award rendered in such arbitration will be binding and may be entered in any court with proper jurisdiction.

 

G. Severability

 

Except for the Class Action Waiver in Section 14.E, if any clause within this arbitration agreement is found to be illegal or unenforceable, that specific clause will be severed from this arbitration agreement, and the remainder of the arbitration agreement will be given full force and effect.

 

H. Opt-out

 

If you are an individual person, You have the right to opt-out and not be bound by this arbitration agreement by sending written notice to Checkr—clearly indicating your intent to opt out of this arbitration agreement and including the name, phone number, and email address associated with Your account—via email (arbitration@checkr.com) or U.S. Mail (Checkr, Inc., Legal Department, 1 Montgomery Street, Suite 2000, San Francisco, CA 94104).  Your opt-out notice must be sent within 30 days of Your agreement to these Terms.

 

If You do not opt-out of this arbitration agreement within the 30-day period, You and Checkr shall be bound by the terms of this arbitration agreement in full.  If You opt-out of this arbitration agreement within the 30-day period, it will not affect any other, previous, or future arbitration agreements that You may have with Checkr.

 

I. Pre-Arbitration Notification and Negotiation Process

 

Prior to initiating an arbitration, You and Checkr each agree to first attempt to negotiate an informal resolution of any Claims covered in Section 14.B.  This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested.  You must send such written notice to Checkr via email (legal@checkr.com) or U.S. Mail (Checkr, Inc., Legal Department, 1 Montgomery Street, Suite 2000, San Francisco, CA 94104); Checkr will send such written notice to the email address You have provided to Checkr.

 

During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.

 

After a good faith effort to negotiate, if You or Checkr believe a Claim covered in Section 14.B cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.  In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the AAA Rules.


12.  Third-Party Links


The Better Future Services may contain links to third-party websites, and other resources that are not owned or controlled by Checkr. These links do not imply any endorsement by Checkr or the assumption of any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Better Future Services, you do so at your own risk, and you understand that these Terms and Checkr’s Privacy Policy do not apply to your use of such links. You expressly relieve Checkr from any and all liability arising from your use of any third-party website, service, or content. You acknowledge and agree that Checkr is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.


13.  General
 

  1. Governing Law.

These Terms are governed by California Law, excluding its choice of law rules. Except for claims subject to arbitration, each party submits to jurisdiction of the state and federal courts in San Francisco, California.
 

  1. Assignment

Checkr may assign these Terms or any part of them, to any party, including but not limited to any wholly owned subsidiary, and Checkr may delegate any of its obligations under these Terms..You may not assign any of your rights or obligations under these Terms without the prior written consent of Checkr. Subject to the foregoing, these Terms inure to the benefit of and is binding on the parties’ permitted assignees, transferees and successors. Any attempted assignment in violation of this clause is void.
 

  1. Integration

The terms and conditions of these Terms reflect the parties’ entire agreement relating to its subject and supersedes any prior or contemporaneous agreements on that subject.
 

  1. Force Majeure

Checkr will not be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.
 

  1. Miscellaneous

The parties are independent contractors, and these Terms do not create an agency, partnership or joint venture, or authority to bind the other party. There are no third-party beneficiaries to these Terms. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provisions essential purpose. Any waiver of a provision of these Terms will only be valid if provided in writing and applies only to the specific occurrence so waived. Failure to enforce any provision will not constitute a waiver. Nothing in these Terms will limit a party’s ability to seek equitable relief. Section headings are not to be used in the interpretation hereof. The following Sections survive any expiration or termination of these Terms: 2-3, 5, and 8-13.

 

14. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Site.  You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Written notice may be sent via first-class mail to CHECKR LEGAL DEPARTMENT, 1 MONTGOMERY STREET, SUITE 2000, SAN FRANCISCO, CA 94104 or via e-mail to legal@checkr.com.  You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site, or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.